In Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), and Wal-Mart Stores, Inc. v. Dukes, 133 S. Ct. 2541 (2011), the United States Supreme Court issued two opinions that instructed federal trial courts to rigorously apply the standards for deciding whether or not to certify a class action. In Georgia-Pacific Consumer Products, L.P. v. Ratner, Case No. S13G1723 (decided July 11, 2014), the Georgia Supreme Court cited Comcast and Dukes in issuing its own call for the rigorous application of the standards for certifying a class action. The plaintiffs in Ratner had sought the certification of a class of… Read more
Tag: Comcast. v. Behrend
Comcast Corp. v. Behrend Comes To The Eleventh Circuit
This blog previously reported on the decision of the United States Supreme Court in Comcast Corp. v. Behrend, 133 S. Ct. 1427 (2013). See “The United States Supreme Court Takes Another Look at Class Actions” (posted March 28, 2013). That decision required lower courts to take a hard look at class certifications, and particularly at the issue of whether or not damages could be proven on a class-wide basis. The Eleventh Circuit relied upon that decision to order a district court to reconsider the certification of class in Williams v. Multimedia Games, Inc., Case No. 13-12733 (decided April 2, 2014)…. Read more
The United States Supreme Court Takes Another Look at Class Actions
Because the United States Supreme Court decides so few cases in a year, it cannot rule on every case in which the Court might perceive error. Instead, the Court will focus its attention on particular areas of law and periodically change that focus. The United States Supreme Court is going through a phase of focusing its attention on class action litigation. The Supreme Court appears to not like what it sees going on in the lower courts and is issuing decisions intended to require the lower courts to more rigorously apply the requirements of certifying a class. In Comcast Corp…. Read more